Sec. 12. Enforcement
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/bill/117/s/4724/is/section-12A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Commission shall carry out enforcement actions for any violation of this Act, or a standard or rule established under this Act, including by— levying fines; imposing penalties, including suspension or a permanent ban of an individual or entity from participation in intercollegiate athletics competition for a period determined by the Commission; and commencing civil actions and seeking all appropriate legal, equitable, or other relief, including damages and injunctions. With respect to an enforcement action carried out under this subsection, the Commission shall provide to the individual or entity concerned notice of the enforcement action and an opportunity for a hearing.
With respect to a violation of this Act, or a standard or rule established under this Act, that has damaged or unjustly enriched a regulated party, the Commission shall impose a fine in an amount not less than the value of the damage or unjust enrichment. The Commission may act in its own name and through its own attorneys— in enforcing any provision of this Act, the standards and rules established under this Act, or any other law or regulation; and in any civil action, suit, or proceeding to which the Commission is a party.
The Commission may compromise or settle any civil action if such compromise or settlement is approved by the court. A civil action under this Act may be brought by the Commission in a Federal district court of competent jurisdiction. An enforcement action carried out by the Commission shall be construed as an enforcement action carried out by the Federal Government, and the Federal Government shall be considered to be exercising political responsibility for such action, regardless of any claim of a State to sovereign immunity under the 11th Amendment to the Constitution of the United States or any other law.
Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following: The institution will— comply, and ensure that all business partners of the institution comply, with the requirements of sections 3, 4, 7, 8, 9, and 10(a) of the College Athletes Bill of Rights ; and not participate in any athletic conference or athletic association that fails to comply with such requirements. . A college athlete aggrieved by a violation of this Act, or a standard or rule established under this Act, may bring a civil action for all appropriate remedies in a Federal district court of competent jurisdiction.
In any case in which the attorney general of a State, or such other official as the State may designate, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of this Act, or a standard or rule established under this Act, the State may bring a civil action on behalf of the residents of the State in an appropriate State court or a district court of the United States that is located in the State and has jurisdiction over the defendant— to enforce compliance with this Act or such standard or rule; and for all appropriate remedies.
Before filing an action under this subsection or commencing any other administrative or regulatory proceeding to enforce this Act, or a standard or rule established under this Act, the attorney general, official, or agency of the State involved shall provide to the Commission— a written notice of such action or proceeding; and a copy of the complaint for such action or proceeding. The written notice required by subparagraph
(A)shall include— the identity of the parties; a description of the alleged facts underlying the action or proceeding; and an assessment as to whether there is a need to coordinate the prosecution of the action or proceeding so as not to interfere with any action or proceeding undertaken by the Commission or a Federal agency. On receiving notice under this paragraph of an action or proceeding under this subsection, the Commission shall have the right— to intervene in the action or proceeding; upon so intervening— to remove the action or proceeding to the appropriate United States district court, if the action or proceeding was not originally brought there; and to be heard on all matters arising in the action or proceeding; and to appeal any order or judgment, to the same extent as any other party in the proceeding. The Commission shall prescribe regulations to implement this subsection and, from time to time, provide guidance to further coordinate actions with State attorneys general and other regulators. Nothing in this subsection may be construed as altering, limiting, or affecting the authority of a State attorney general or any other regulatory or enforcement agency or authority to bring an action or other regulatory proceeding arising solely under the law in effect in that State. Sections 3 through 5 of the Sports Agent Responsibility and Trust Act ( 15 U.S.C. 7802–7804 ) shall apply with respect to college athlete agents. The use or receipt by a State of Federal financial assistance for a work-study program under section 3485 of title 38, United States Code, shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution of the United States or any other law, to any suit brought by any college athlete aggrieved by a violation of this Act or by any enforcement action brought by the Commission, for legal, equitable, or other relief (including damages and injunctions) under this Act.
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- 15 USC 7802–7804
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